With a 7-2 vote, county OKsfar-reaching smoking ban

Lighting up won't be allowed in restaurants, most private businesses.

Lighting up won't be allowed in restaurants, most private businesses.

January 18, 2006|JAMES WENSITS Tribune Political Writer

St. Joseph County residents will no longer have to request restaurant seating in a "no smoking" area. After months of deliberation, the County Council voted 7-2 on Tuesday to adopt an ordinance that will ban smoking in restaurants and other public places, and in private businesses as well. The measure provides a two-year phase-in period for small "mom and pop" restaurants and exempts bars and private clubs. A proposed amendment that would have allowed private businesses to continue to have separate smoking rooms for employees failed in a narrow 5-4 vote. The council did pass an amendment giving businesses a one-year phase-in period before eliminating smoking rooms. The ordinance exempts bars and taverns unless they have employees under the age of 18. The decision followed some three hours of public comments both for and against the measure, as well as several months of behind-the-scenes meetings in which council members wrestled with the measure's far-reaching consequences. Much of the early discussion centered on the ability of the St. Joseph County Health Department to serve as chief enforcer of the measure. After verbal and written warnings for the first two violations, the ordinance allows for fines ranging from $100 to $500 for subsequent offenses. The measure doesn't contemplate creation of tobacco police, although those who fail to comply could be subject to law enforcement measures should they be deemed to be behaving in a disorderly manner. For the most part, enforcement is expected to be largely driven by complaints filed with the health department. That department is charged with fielding those complaints and taking "reasonable and good faith efforts to assure compliance with this ordinance." As passed, the ordinance will ban smoking in restaurants, stores, malls, sports arenas and other public places as well as in private businesses, including employee breakrooms. During those early discussions some council members, noting that few businesses allow on-premise smoking, questioned the need to include them in the ordinance. The measure was still being cobbled together as late as last week as representatives of its two main sponsors, Healthy Communities Initiative and Minority Health Coalition sought to mold the ordinance in response to various council suggestions and concerns. Council members Andrew Kostielney, R-District B; and Dennis Schafer, R-District F, cast the negative votes. Kostielney said he believes businessowners should have the right to run their businesses as they see fit. Schafer expressed numerous objections, including the cost of enforcement and the fact that neither South Bend nor Mishawaka had proposed similar legislation. The measure affects the entire county, including restaurants and businesses within the cities.Staff writer James Wensits: jwensits@sbtinfo.com (574) 235-6353